National security register exclusion (EPA 1990 s.21)
When information is excluded from public registers under EPA 1990 for national security: Secretary of State's opinion, directions, notification.
No information shall be included in a register maintained under section 20 above if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security. The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to enforcing authorities directions— specifying information, or descriptions of information, to be excluded from their registers; or specifying descriptions of information to be referred to the Secretary of State for his determination; and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included. The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above. A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so— he shall notify the enforcing authority that he has done so; and no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision controls when information can be kept off the public registers that enforcing authorities keep under section 20 of the Environmental Protection Act 1990. The key person is the Secretary of State, who decides whether including certain information would harm national security. If the Secretary thinks it would, that information must not be put on the register.
The Secretary can also issue directions to enforcing authorities. These directions may either list specific information or types of information that must be excluded, or say that certain information must be referred to the Secretary for a decision. While the Secretary is deciding, no referred information goes on the register. The enforcing authority must tell the Secretary whenever it excludes information because of a direction.
Any person who thinks information might be sensitive can give a notice to the Secretary. That person must also tell the enforcing authority they have done so. Once such a notice is given, the information cannot be added to the register until the Secretary decides it should be included.
When it applies
- A factory reports a chemical leak that reveals details about a military supply chain; the Secretary directs that the report be excluded from the public register.
- An enforcing authority receives a direction to exclude all information about waste disposal at a particular defence facility.
- A resident asks to see the complete permit details for a local industrial site, but some entries are missing because the Secretary determined they would harm national security.
- An environmental group gives notice to the Secretary about a company's emission data that appears to relate to classified technology, triggering the referral process.
- A council officer removes a section of a register entry because the Secretary has directed that type of information be excluded, and notifies the Secretary of the removal.
What this section does not say
- This provision does not cover exclusion of information for commercial confidentiality – that is dealt with under section 22.
- It does not give a right to challenge the Secretary's opinion in court; the provision says only what must happen if the Secretary holds that opinion.
- It does not apply to information held by private parties or to general freedom of information requests outside the register system.
- It does not allow the public to demand that information be added once the Secretary has decided to exclude it.
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This page reproduces the text of EPA 1990 s. 21 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.